Custer County District Court was in session on Thursday, July 11th. Judge Karin Noakes presided.
In criminal cases, Sam G Payton, age 45 of Callaway, appeared before the Court for sentencing. On May 16th of this year, a pretrial hearing was held in his case. At that time, the State said a plea agreement had been reached and Payton changed his plea to no contest on charges of making terroristic threats, a Class III felony. He was then found guilty and a pre-sentence investigation (PSI) was ordered. During Thursday’s sentencing, Judge Noakes said she had reviewed the PSI, commenting on Payton’s past criminal record and violent behavior, noting he was not an appropriate candidate for only probation. Payton was then sentenced to 18 months incarceration in the Custer County Jail and credited for 32 days served. Judge Noakes also ordered the defendant to serve 12 months of supervised probation after his release from jail.
A status conference was held for James L. Barta, age 34 of Broken Bow. Barta was arraigned in February of this year for domestic assault, a Class III felony; resisting arrest, a Class I misdemeanor; and obstructing a police officer, also a Class I misdemeanor. At Thursday’s status conference, Custer County Attorney Steven Bowers said an agreement was reached with the defendant. Barta then pleaded no contest to resisting arrest and obstructing a police officer, in exchange for the State dropping the charge of domestic assault. The defendant was sentenced to two years of probation on each of the two counts. The probation will run concurrent and also run concurrent with his probation in Brown County.
The final criminal case to come before the court on Thursday was a motion to release personal property for Lex McDaniel, age 56 of Sargent. In May, McDaniel was sentenced by Judge Noakes to two years’ probation after being found guilty to an amended charge of 1st offense resisting arrest, a Class I misdemeanor. The Court determined items on the personal property list could be released to McDaniel, with the exception of firearms that could only be released to the defendant’s son.
